[2025:RJ-JP:23436] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11741/2024 Khushiram S/o Shri Rajaram, Aged About 25 Years, R/o Jankipura, Police Station Diggi, District Tonk Currently Residing At Const. No. 60, Police Line, Tehsil And Dist. Tonk (Rajasthan) (Petitioner Is In Distt. Jail Tonk). ----Petitioner Versus State of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11779/2024 Udairam S/o Goverdhan, Aged About 30 Years, R/o Dasuk, Police Station Arai, District Ajmer. (Petitioner Is In Distt. Jail Tonk). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ali Mohammed Khan For State : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Manvendra Choudhary, Dy. G.A. Mr. J.P. Tiwari, Dy. G.A. with Mr. Vinod Sharma HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V. J.) Order 24/06/2025 1. The present bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S., 2023 against the order dated 09.07.2024 passed by learned Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Tonk in Bail Application No. 585/2024 arising out of FIR No.0293/2023, [2025:RJ-JP:23436] (2 of 4) [CRLMB-11741/2024] registered at Police Station Peeplu, District Tonk for the offence punishable under Section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 by which the bail application of the accused- applicant under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel appearing for the accused-applicants submits that 75 kg & 309 gm of poppy husk was allegedly recovered from the possession of both the accused-applicants on 31.12.2023. After almost more than one and a half years, only four witnesses have been examined during trial. Trial will take long time to conclude. There is no criminal antecedents against both the accused-applicants. Both the accused-applicants were arrested on 31.12.2023 and since then, they are behind the bars, therefore, looking to the period of incarceration, the accused- applicants may be enlarged on bail. 3. Learned counsel for the accused-applicants has placed reliance on the judgments passed by Hon'ble Supreme Court in the following cases: (i) Shariful Islam @ Sarif Vs. The State of West Bangal (Petition for Special Leave to Appeal (Crl.) No.4173/2022) decided on 04.08.2022; (ii) Abdul Majeed Lone Vs. Union Territory of Jammu and Kashmir (Petition for Special Leave to Appeal (Crl.) No.3961/2022) decided on 01.08.2022; (iii) Mohd. Muslim @ Hussain Vs. State (NCT of Delhi) (Petition for Special Leave to Appeal (Crl.) No.915/2023) decided on 28.03.2023 and [2025:RJ-JP:23436] (3 of 4) [CRLMB-11741/2024] (iv) Kulwant Singh Vs. State of Punjab (Petition for Special Leave to Appeal (Crl.) No.5187/2021) decided on 10.11.2021. 4. On the other hand, learned GA-cum-AAG vehemently opposes these bail applications and submits that both the accused-applicants are Police Constable. Being Police Officials, they are engaged in doing such an act, therefore, the accused- applicants should not be enlarged on bail. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Considering the overall facts and circumstances of the case; the fact that the accused-applicants have no criminal antecedents; the accused-applicants were arrested on 31.12.2023; the recovered contraband is about 75 kg & 309 gm; the fact that after one and a half years of commencement of trial, only four witnesses have been examined, thus trial will take long time to conclude and also placing reliance on the aforementioned judgments passed by the Hon'ble Supreme Court, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow these bail applications filed by the applicants. 7. Consequently, these bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused- applicants namely (i) Khushiram S/o Shri Rajaram; (ii) Udairam S/o Goverdhan arrested in connection with FIR No.0293/2023, registered at Police Station Peeplu, District Tonk shall be released on bail; provided each of them furnishes a [2025:RJ-JP:23436] (4 of 4) [CRLMB-11741/2024] personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the Trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. 8. A copy of this order be placed in the connected file. (ASHUTOSH KUMAR (V. J.)),J AMIT/MAHIMA/5-6